The Process of Obtaining EB-5 Visas

The EB-5 visa, sometimes called an investor visa, provides an exciting opportunity for foreign nationals along with their families to become permanent legal U.S. residents. These investor visas are granted to those who invest in U.S. enterprises that create jobs for Americans. To be eligible for this type of visa, the investor must do one of the following: *Invest $1 million in an original commercial business in the U.S. that will create 10 or more full-time jobs

*Expand an existing business such that the pre-investment number of jobs or the net worth of the business increases by 140%

*Purchase an existing troubled business that has lost 20% of its net worth in the previous 12 to 24 months and maintain the existing number of jobs there

*Invest $500,000 in a targeted employment area in a designated Regional Center The most popular way of acquiring investor visas is by investing in a designated Regional Center in the U.S. Choosing a Regional Center There are more than 160 approved Regional Centers to choose from, and many EB-5 projects within each of them. When choosing where to invest, keep your goals in mind. Do you want a high return on investment? Do you want to recoup your investment within a certain time frame? Would you rather simply be a partner without worrying too much about immediate return on investment? Each investor has different goals, and it is important to choose a Regional Center with operations that mesh well with them. Each EB-5 project can provide you with documentation on risk, security, rate of return, and other critical information. You should have a clear understanding of the enterprise in which you invest. Signing an Agreement with a Regional Center Your investment must be chosen carefully, and working with experienced EB-5 consultants is recommended before signing any agreement with a Regional Center. Once you have chosen an EB-5 project to invest in within a designated Regional Center, you will sign an agreement with the Regional Center and deposit the investment money into an escrow account. At this point, you will need to hire an immigration attorney to assist with legal paperwork and assembling documents necessary for your background check. Immigration Forms and Legal Requirements Your immigration attorney will ensure that your I-526 Immigration Petition is in good order and is sent in a timely manner to the U.S. Citizenship and Immigration Services. Once your petition is approved, the money in the escrow account is released to the EB-5 project in which you've invested. Consulate Interview and Issuance of Green Card After your I-526 is approved and your investment funds are released from escrow, you will have to have a Consulate Interview if you live outside the U.S. If you live within the U.S., you will file for an adjustment of status. If everything is in order, you will be granted a 2 year conditional green card. After two years, you may apply to have the conditions removed from your conditional green card and receive your permanent green card. EB-5 immigration provides terrific opportunities, but the process is complex, and working with experienced EB-5 consultants is highly recommended.